MILENS OF CALIFORNIA v. RICHMOND DEVELOP. AGENCY

No. 80-4081.

665 F.2d 906 (1982)

MILENS OF CALIFORNIA, a California Corporation, Plaintiff-Appellee, v. RICHMOND REDEVELOPMENT AGENCY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 11, 1982.


Attorney(s) appearing for the Case

Ronald J. Mulcare, San Mateo, Cal., argued, for defendant-appellee; Turner, Mulcare & Whitaker, San Mateo, Cal., Bold & Polisner, Walnut Creek, Cal., on brief.

Herman H. Fitzgerald, Burlingame, Cal., for plaintiff-appellant.

Before DUNIWAY and SNEED, Circuit Judges, and KELLEHER, District Judge.


DUNIWAY, Circuit Judge:

Richmond Redevelopment Agency appeals from the decision of the district court that it took Milens' land by inverse condemnation and must pay just compensation. We reverse and remand for further proceedings.

I. The Facts.

In 1966 the City of Richmond approved the Richmond Redevelopment Agency's redevelopment project 10-A (downtown Richmond). The plan divided property into two...

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